Workers’ Rights in New York: Workplace Injuries and COBRA Benefits Explained

Employees who experience workplace injuries or sudden job loss often have questions about their rights. Two common concerns involve protection after a work-related injury and continuing health insurance coverage through COBRA.

Workplace Injuries and Job Protection

In New York, employees injured on the job may be eligible for workers’ compensation benefits. Under state law, employers are prohibited from firing or discriminating against an employee for filing — or attempting to file — a workers’ compensation claim (New York State Workers’ Compensation Board).

If an employer takes adverse action, such as reducing hours or ending employment because of an injury claim, that may be unlawful. Additionally, if the injury qualifies as a disability under New York’s Human Rights Law, an employer could face liability for disability discrimination.

However, it is important to understand that New York is an employment-at-will state. This means that, outside of protected categories (such as discrimination or retaliation), employers generally have the right to terminate employment at any time and for almost any reason.

COBRA and Health Insurance After Job Loss

When employment ends, health insurance coverage provided by the employer may also end. This can leave employees concerned about losing access to healthcare.

Under the federal COBRA law (Consolidated Omnibus Budget Reconciliation Act), employees at companies with 20 or more employees are entitled to continue their health coverage after leaving a job, though they must pay the full premium plus up to 2% in administrative costs (U.S. Department of Labor).

In New York, state law extends COBRA-like benefits to employees of smaller companies (fewer than 20 employees), ensuring access to continued coverage (NY Department of Financial Services).

Coverage under COBRA is retroactive to the date the employer-provided insurance ended, provided the employee elects COBRA within the designated timeframe. This prevents gaps in coverage, though employees are responsible for back premiums.

FAQs

Can my employer fire me after a workplace injury?
Employers in New York cannot legally retaliate against or terminate an employee for filing a workers’ compensation claim. However, because New York is an employment-at-will state, terminations may still occur for other reasons.

What if my employer has fewer than 20 employees?
Federal COBRA applies to companies with 20 or more employees. In New York, state law requires smaller employers to offer similar continuation coverage.

Do I have to pay for COBRA myself?
COBRA allows you to stay on your employer’s group plan, but you must cover the full premium cost plus administrative fees.

Does COBRA coverage start immediately?
COBRA is retroactive. If you elect coverage within the deadline, it will extend back to the date your employer-based coverage ended, preventing a gap.

Request an Appointment

If you have been injured at work and need support, we can help connect you with trusted providers in your area. Request an appointment today, and our team will connect you directly with the provider’s office.

This blog from Pain and Injury is intended for educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Recovery is not guaranteed, and each patient’s results may vary. Always consult a qualified healthcare or legal professional for a personalized plan.